(DOWNLOAD) "Probus Properties v. Kirby" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Probus Properties v. Kirby
- Author : Supreme Court Of Utah
- Release Date : January 04, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Harold Dwayne Kirby, Jr. sued for specific enforcement of a purchase option under a lease agreement with Probus Properties. The jury returned a verdict in favor of Kirby and the trial court entered judgment granting specific performance of the option. The trial court denied Probuss motion for judgment notwithstanding the verdict and to disregard jury findings. Probus appeals and raises nine issues. Because we conclude there is no evidence to support the finding that Kirby performed the condition precedent to extend the option, that equity does not apply to excuse the failure to perform the condition precedent, and that Probus and not Kirby is entitled to reasonable attorneys fees, we reverse the trial courts judgment and remand the case to the trial court for entry of a judgment in accordance with our opinion.
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